The Wage and Hour Division of the United States Department of Labor has issued a new regulation vastly increasing the number of employees who are entitled to overtime. Background Both Federal and New Jersey employment law both require that employees must be paid one and a half times their regular…
New Jersey employment law requires that employees must be paid at regular intervals, at least twice per month. The proposition that employees should be paid for the time that they work does not seem to be illogical. However, litigation over non-payment of wages is all too common. The New Jersey…
The New Jersey Wage and Hour Law and Wage Payment Law Like the Federal Fair Labor Standards Act, New Jersey’s Wage and Hour Law requires that employers pay non-exempt employees minimum wage for all hours that they work, and overtime (time and a half) when employees work more than forty…
The Increase New Jersey’s minimum wage rate is going up again. The new minimum wage rate during this incremental increase is $13 per hour effective January 1, 2022. Background In 2019, Governor Murphy signed legislation raising New Jersey’s minimum wage rate. The ultimate rate will be a minimum wage…
New Jersey employment law governs the classification of workers as employees or independent contractors. The classification is important and fact sensitive. It has far reaching consequences. The Appellate Division recently issued a published opinion in the case of East Bay Drywall, LLC vs. the Department of Labor and Workforce Development,…
The New Jersey Wage and Hour Law regulates minimum wage and overtime requirements. It is New Jersey’s counterpart to the Federal Fair Labor Standards Act. The Wage and Hour Law and Fair Labor Standards Act are bedrock elements of New Jersey employment law. Under the Wage and Hour Law, New…
In the case of Secretary of United States Department of Labor vs. Bristol Excavating, Inc., the United States Court of Appeals for the Third Circuit, recently issued an important, precedential opinion on when payments by third-parties need to be included by employers in the calculation of their employees’ overtime pay…
Governor Murphy signed New Jersey’s Equal Pay Act into law in 2018. The NJEPA takes a necessary step in making pay discrepancies in the workplace more transparent with the hopes that this will address the pay differential between white men minorities, and women. Essentially, it bars any penalty to any…
The Federal Fair Labor Standards Act requires that employers, including New Jersey employers, pay their non-exempt employees minimum wage and overtime (the vast majority of employees are not subject to an exemptions; the major exemptions are for executive, administrative and professional employees, and outside sales). Independent contractors, however, are…
Willful Violations Under The Fair Labor Standards Act The Federal Fair Labor Standards Act establishes rates of minimum wage and overtime pay which employers must pay to their employees. Employees successfully suing their employers for violations of these requirements can recover their lost wages, and their employers will be required…